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2012

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Institution
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Concerning Changes To Statutory Provisions Related To Criminal Proceedings, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2012

Concerning Changes To Statutory Provisions Related To Criminal Proceedings, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Victims' Rights Act., Colorado General Assembly Jan 2012

Concerning The Victims' Rights Act., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Failure To Present Valid Evidence Of Mass Transit Fare Payment, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2012

Concerning Failure To Present Valid Evidence Of Mass Transit Fare Payment, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb. Jan 2012

The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.

Case Western Reserve Journal of International Law

No abstract provided.


(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias The Evolving Temporality Of Lawmaking, Anna Roberts Jan 2012

(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias The Evolving Temporality Of Lawmaking, Anna Roberts

Connecticut Law Review

This Article investigates whether one of the most intractable problems in trial procedure can be ameliorated through the use of one of the most striking discoveries in recent social science. The intractable problem is selecting a fair jury. Current doctrine fails to address the fact that jurors harbor not only explicit, or conscious, bias, but also implicit, or unconscious, bias. The discovery is the Implicit Association Test ("IA T"), an online test that aims to reveal implicit bias. This Article conducts the first comparison ofproposals that the IAT be used to address jury bias. They fall into two groups. The …


The Evolving Temporality Of Lawmaking, Andrew J. Wistrich Jan 2012

The Evolving Temporality Of Lawmaking, Andrew J. Wistrich

Connecticut Law Review

Conventional wisdom suggests that law is past-oriented. That view always has been incomplete and is no longer as accurate as it once was. In fact, law always has been more future-oriented than is widely recognized. Additionally, during the last century, fundamental changes took place in attitudes about the nature and sources of law, as well as in the ways in which law is made. Predominately future-oriented methods of lawmaking-such as statutes, treaties, and administrative regulationshave expanded, while predominately past-oriented modes of lawmakingsuch as the common law-have contracted. As a result, lawmaking has become even more future-oriented, and law's memory of …


Not In The Fine Print: Recommended Changes To Life Insurance Policy Disclosures Regarding Retained Asset Accounts, Michael A. Barrese Jan 2012

Not In The Fine Print: Recommended Changes To Life Insurance Policy Disclosures Regarding Retained Asset Accounts, Michael A. Barrese

Connecticut Insurance Law Journal

No abstract provided.


Standards For Pleading A Claim Under Cuipa: No Exceptions To The Connecticut Fact Pleading Requirement, Bethany L. Dimarzio Jan 2012

Standards For Pleading A Claim Under Cuipa: No Exceptions To The Connecticut Fact Pleading Requirement, Bethany L. Dimarzio

Connecticut Insurance Law Journal

No abstract provided.


Medically Unnecessary: How The Laws In Medicare Part D’S Coverage Of Off-Label Medicines With Demonstrable Medical Necessity Prevents Better Healthcare Outcomes, Including For Beneficiaries With Psychiatric Disorders, Alexander W. Wang Jan 2012

Medically Unnecessary: How The Laws In Medicare Part D’S Coverage Of Off-Label Medicines With Demonstrable Medical Necessity Prevents Better Healthcare Outcomes, Including For Beneficiaries With Psychiatric Disorders, Alexander W. Wang

Connecticut Insurance Law Journal

No abstract provided.


The Filed Rate Doctrine And The Insurance Arena, Vonda Mallicoat Laughlin Jan 2012

The Filed Rate Doctrine And The Insurance Arena, Vonda Mallicoat Laughlin

Connecticut Insurance Law Journal

No abstract provided.


Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen Jan 2012

Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen

Connecticut Law Review

It is afrequent refrain that "the world is shrinking." In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of introducing …


Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security Commentary: National Security: Response, Wadie E. Said Jan 2012

Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security Commentary: National Security: Response, Wadie E. Said

Connecticut Law Review

Aziz Rana's article presents clearly the overlooked but crucial question of "Who Decides on Security?" Namely, is determining who or what groups constitute a threat something that we are capable of making ourselves, or must we necessarily cede that authority to those in power-who supposedly have both the access to knowledge and the ability to understand it-to protect us from threats we cannot perceive? Using Rana's historical analysis as a framework, this Article builds on his thesis to show how the wide latitude granted to the conclusions of the Executive Branch's national security specialists in political matters has migrated into …


Reasonable Men, Ann C. Mcginley Jan 2012

Reasonable Men, Ann C. Mcginley

Connecticut Law Review

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, however, continue to use the reasonable woman or reasonable victim standards. Most of the scholarship concerning …


Prisons: The New Mental Health System Note, Christina Canales Jan 2012

Prisons: The New Mental Health System Note, Christina Canales

Connecticut Law Review

By the middle of the twentieth century, the United States was in crisis: over half a million Americans were in state mental hospitals. Several changes, including the development of effective anti-psychotic medications and increased funding for the establishment of community mental health centers, made deinstitutionalization-the movement of the mentally ill from state hospitals to community-based programs-possible. Although a good plan in theory, deinstitutionalization quickly became one of the main reasons for the substantial increase in mentally ill individuals in prisons. Many of the originally considered community mental health centers were never developed, leaving such individuals with nowhere to turn for …


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …


Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach Jan 2012

Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach

Michigan Journal of Gender & Law

Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …


No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett Jan 2012

No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett

Michigan Journal of Gender & Law

Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …


Graham On The Ground, Cara H. Drinan Jan 2012

Graham On The Ground, Cara H. Drinan

Scholarly Articles

In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What is the …


Clemency In A Time Of Crisis, Cara H. Drinan Jan 2012

Clemency In A Time Of Crisis, Cara H. Drinan

Scholarly Articles

At the state level, the power to pardon or commute a criminal sentence — that is, to grant clemency — is vested in either the Governor, an executive clemency board, or some combination thereof. Until very recently, clemency grants were a consistent feature of our criminal justice system. In the last four decades, though, state clemency grants have declined significantly; in some states, clemency seems to have disappeared altogether. In this Article, I contend that executive clemency should be revived at the state level in response to ongoing systemic criminal justice failings. Part I of this Article describes clemency at …


Memorial Of The Applicant, James Van Wyck, Justin Dick Jan 2012

Memorial Of The Applicant, James Van Wyck, Justin Dick

Canada-United States Law Journal

No abstract provided.


Moving To An Oral Adversarial System In Mexico: Jurisprudential, Criminal Procedure, Evidence Law, And Trial Advocacy Implications, Paul J. Zwier, Alexander Barney Jan 2012

Moving To An Oral Adversarial System In Mexico: Jurisprudential, Criminal Procedure, Evidence Law, And Trial Advocacy Implications, Paul J. Zwier, Alexander Barney

Emory International Law Review

In 2008, Mexico passed a series of federal constitutional reforms requiring oral adversarial criminal trials. The reforms give Mexican states until 2016 to implement the shift from a written inquisitorial system to the new oral adversarial system. At the time of this writing, twenty-four states have implemented the changes to some degree, with varying degrees of success.


Terrorist Or Revolutionary: The Development Of The Politicaloffender Exception And Its Effects Ondefining Terrorism In International Law, Vincent Defabo Jan 2012

Terrorist Or Revolutionary: The Development Of The Politicaloffender Exception And Its Effects Ondefining Terrorism In International Law, Vincent Defabo

American University National Security Law Brief

No abstract provided.


Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg Jan 2012

Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg

American University International Law Review

No abstract provided.


Mexico, Patrick Del Duca, Ana Patricia Esquer Machado, Jay F. Stein, Jose Maria Abascal, Rodrigo Ramón Baca Bonifaz, Aline Isabel Cárdenas Solorio, Christopher Hanfling, Alonso González-Villalobos, Carmen Lorena Martínez León, Luis Fernando Martínez Serna, Rodrigo Soto Morales, Ernesto Velarde Danache, Juan Carlos Velázquez De León Obregón Jan 2012

Mexico, Patrick Del Duca, Ana Patricia Esquer Machado, Jay F. Stein, Jose Maria Abascal, Rodrigo Ramón Baca Bonifaz, Aline Isabel Cárdenas Solorio, Christopher Hanfling, Alonso González-Villalobos, Carmen Lorena Martínez León, Luis Fernando Martínez Serna, Rodrigo Soto Morales, Ernesto Velarde Danache, Juan Carlos Velázquez De León Obregón

The International Lawyer

No abstract provided.


Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob Jan 2012

Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob

Case Western Reserve Journal of International Law

Note of the Year.


Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan Jan 2012

Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan

Articles

The case of Brown, Governor of California et at v. Plata et al (hereinafter Plata) is one of the most eye-catching decisions of the Supreme Court of the United States in recent times. The result in itself – the upholding of an order of a Californian District Court to reduce the state’s prison population by up to 46,000 prisoners – would warrant attention. The reasoning of the Court and the differences between the majority and minority are also, however, most significant. The willingness of the Court to uphold the drastic measure of ordering a sizeable reduction in the Californian prison …


Collective Action For The Rights Of Sex Offenders: Evaluating Social Movement Organizations, Erin Comartin Jan 2012

Collective Action For The Rights Of Sex Offenders: Evaluating Social Movement Organizations, Erin Comartin

Wayne State University Dissertations

Sex offender registration and community notification (SORN) policies have been instituted across the country to manage individuals in the community who have been convicted of a sex offense. A social movement, made up of registrants and their family members, has sprung up across the country to address the resulting consequences that have ensued from these policies. State organizations are now working towards policy change for these families. This dissertation conducted in-depth interviews with leaders of 19 of these social movement organizations (SMO) to explore the organizations' structure and resources, and the strategies they use to achieve desired policy outcomes. Three …


You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones Jan 2012

You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones

West Virginia Law Review

No abstract provided.